Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

1. On April 28, 2013, at around 13:30 on April 28, 2013, the Defendant: (a) stolen the Defendant’s land in a forest owned by the victim C; (b) arbitrarily, using a factor of natural rocks in the market value, which is the victim of the said forest land, for the purpose of stockpiling a stable with the Defendant’s land.

2. The Defendant damaged the victim’s property by damaging 3 glue trees in the market price, which is the owner of the victim C, while taking natural rocks using the clue season at the time and place specified in paragraph (1).

3. Any person who violates the Construction Machinery Management Act shall not use or operate unregistered construction machinery or construction machinery, and any person who intends to operate construction machinery shall obtain a construction machinery operator's license from the Mayor/Do Governor;

Nevertheless, the Defendant used the digging machine without obtaining a construction operator's license as stated in paragraph (1) at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to business cooperation and replys;

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act, Article 366 of the Criminal Act, Article 40 subparagraph 1 of the Construction Machinery Management Act, Article 40 and Article 4 of the Construction Machinery Management Act, Article 41 subparagraph 2 of the Construction Machinery Management Act, the main sentence of Article 26 (1) of the Construction Machinery Management Act, and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentence of a provisional payment order under Article 334(1) of the Criminal Procedure Act is determined in consideration of various circumstances, including the reasons for sentencing, the agreement with the victim, and the relationship with the victim, and is so decided as per Disposition.